Failed ESA medical

Kaylee87

skibadee wrote: »

OP are you on any medication?

I'm not no because it made me feel worse? My doctor has given me a telephone number and advised me to see a councillor about how I feel.

I sent off my appeal 2 days ago, how long do you think it will take them to sort it all out?

Kaylee87

One more thing, how likely is it that they're gonna want me to go for another medical in relation to my appeal? I really don't think I can go to another one after my last one it was awful...

atrixblue.-MFR-.

Kaylee87 wrote: »

One more thing, how likely is it that they're gonna want me to go for another medical in relation to my appeal? I really don't think I can go to another one after my last one it was awful...

you wont be reassessed now by atos during your apeal stage.

though its not uncommon for those who have won an appeal then 2 weeks later be called up for another medical and go through the process again.

have you self refurred to adult social services?

Muttleythefrog

Kaylee87 wrote: »

I sent off my appeal 2 days ago, how long do you think it will take them to sort it all out?

The DWP will reconsider their decision.. that could take perhaps 2 or 3 months.. some people are reporting significantly longet than that worryingly. Assuming their reconsideration reaches the same decision then they will send paperwork off to tribunals service to arrange appeal.. that appeal hearing could take another few months to arrange. You could be looking at 6-12 months is my guess.

Make sure you do all you can to get any supporting information and evidence in to the DWP for their reconsideration... and of course the later appeal.

And as above... no medical regarding appeal... the tribunal in some cases will demand further evidence if it has difficulty making its determinations... but I think you should assume that will not happen... the DWP will submit the evidence currently in play.. and therefore the evidence they feel enables them to make the decision they did... and any evidence you supply will be included. Ultimately your own oral testimony can be powerful evidence at tribunal so if it comes to that then I strongly advise you attend. There's a good video I found the link for earlier.. made by the tribunals service on precisely the matter of ESA appeal tribunal. Let me dig it out.... have a watch. http://www.youtube.com/watch?v=2pNKg6diFh0

As above.. ESA is regaularly reassessed... so if you do win appeal or make new application etc... then you will still be subject to assessments... however.. they may or may not include a face to face medical... there are things you can do to reduce the chances you get called for medical at (re)assessment.

Kaylee87

atrixblue.-MFR-. wrote: »

you wont be reassessed now by atos during your apeal stage.

though its not uncommon for those who have won an appeal then 2 weeks later be called up for another medical and go through the process again.

have you self refurred to adult social services?

I haven't self referred to anything? Should I be doing?

Kaylee87

Muttleythefrog wrote: »

The DWP will reconsider their decision.. that could take perhaps 2 or 3 months.. some people are reporting significantly longet than that worryingly. Assuming their reconsideration reaches the same decision then they will send paperwork off to tribunals service to arrange appeal.. that appeal hearing could take another few months to arrange. You could be looking at 6-12 months is my guess.

Make sure you do all you can to get any supporting information and evidence in to the DWP for their reconsideration... and of course the later appeal.

And as above... no medical regarding appeal... the tribunal in some cases will demand further evidence if it has difficulty making its determinations... but I think you should assume that will not happen... the DWP will submit the evidence currently in play.. and therefore the evidence they feel enables them to make the decision they did... and any evidence you supply will be included. Ultimately your own oral testimony can be powerful evidence at tribunal so if it comes to that then I strongly advise you attend. There's a good video I found the link for earlier.. made by the tribunals service on precisely the matter of ESA appeal tribunal. Let me dig it out.... have a watch.

As above.. ESA is regaularly reassessed... so if you do win appeal or make new application etc... then you will still be subject to assessments... however.. they may or may not include a face to face medical... there are things you can do to reduce the chances you get called for medical at (re)assessment.

Thank you, I'll watch it now! Is it a regular thing they just change the decision at reconsideration or do the majority end up going to tribuneral?

Just for any one else in the same position as me, I sent my appeal off on either Monday or Tuesday so 3rd/4th Sept, and from looking at my bank they've paid in the rest of my assessment rate they would normally give me after the small amount they said they still owed me in the letter saying they've decided I shouldn't be on the benefit anymore. Just thought I could help with some worrying there.

Muttleythefrog

Kaylee87 wrote: »

Thank you, I'll watch it now! Is it a regular thing they just change the decision at reconsideration or do the majority end up going to tribuneral?

Just for any one else in the same position as me, I sent my appeal off on either Monday or Tuesday so 3rd/4th Sept, and from looking at my bank they've paid in the rest of my assessment rate they would normally give me after the small amount they said they still owed me in the letter saying they've decided I shouldn't be on the benefit anymore. Just thought I could help with some worrying there.

Chances of success at reconsideration will typically be quite low but they can be significant if you put into the equation more evidence. And it really does depend on that. I don't think there are any figures but I would say you've much more chance at appeal tribunal which is independent and will probably regard the ATOS report as much less powerful than DWP (particularly if they find it has ridiculous things in it)... especially if you can attend it. For those found 'fit for work' at initial assessment around 35-40% will overturn the decision if they carry through with appeal.

atrixblue.-MFR-.

Kaylee87 wrote: »

I haven't self referred to anything? Should I be doing?

you can self refure to SS if your struggling with everyday tasks and life, they will make an enitial assessment upon refural and see if you meet and additional needs, its not a compulsory thing but many opt to do this because SS can provide thing such as reports. councelling,CPN.

outtawork

Muttleythefrog. I have not received any more paperwork other than the changeover from Contribution based to Income based ESA from the DWP or the Appeal.

Muttleythefrog

outtawork wrote: »

Muttleythefrog. I have not received any more paperwork other than the changeover from Contribution based to Income based ESA from the DWP or the Appeal.

DWP are poor at communicating with claimants regarding ESA. All I can suggest is you call them and find out what is happening regarding your reported change in circumstances... and if you get no joy demand they give you a call back when they can tell you. As for appeal you should hear from the tribunals service about that... but be aware the DWP should carry out a reconsideration before they contact the tribunals service... although given you had medical last year now and probably appealed soon after that then I would expect you to be long since past a reconsideration. But you should have all the evidence relating to the decision you're appealling.. if you don't have it then your appeal was done blindly... unfortunately the DWP will not go to much effort to help you if you want to challenge their decision... it's more a case of don't get if don't ask. If you haven't had anything from DWP in response to appeal which you must've made a significant number of months ago I would think then I would enquire about that too.